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-   -   Do dock lines go with the boat? (http://www.sailnet.com/forums/general-discussion-sailing-related/99499-do-dock-lines-go-boat.html)

blr972 05-14-2013 01:10 PM

Do dock lines go with the boat?
 
Hey guys. I'm buying a boat from a guy and I love the boat but the seller has been completely a pain in the butt from the start. Well long story short I've purchased the boat with a contract stating there were some stuff the seller was going to take with him off the boat. I'm about to take the boat out of his slip to my marina but now he is claiming the dock lines stay. I assumed the dock lines go with the boat and the contract stated everything goes with the boat except for the listed items...the dock lines aren't listed. I've paid him, he's signed over the boat, I think I should be able to keep the lines.

Did I assume wrong? Do you consider dock lines be part of the slip or part of the boat? I need opinions before I start butting heads.

Thanks

overbored 05-14-2013 01:17 PM

Re: Do dock lines go with the boat?
 
whats the contract say? you get the lines. docks don't need lines. the boat does. take the lines if it will not burn any bridges that you may need in the future.

capttb 05-14-2013 01:19 PM

Re: Do dock lines go with the boat?
 
Unless the mrs. braided them dock lines on her naked thighs as an anniversary present he's being an incredible jerk.
Not worth butting heads over, Harbor Freight, Walmart et al usually carry some 3/8 pretty cheap.

DRFerron 05-14-2013 01:22 PM

Re: Do dock lines go with the boat?
 
If the dock lines were not included in the list on the contract, I would think you have cause to push back. After all, that's the point of making a list of things that don't stay with the boat.

However, if it was me, I'd probably not waste the energy depending on the condition of the docklines and how easily I could just pop over to a marine store and buy some of my own. And if the seller was a pain from the start, it'd be the easiest way to be done with him and move on.

Good luck.

rockDAWG 05-14-2013 01:22 PM

Re: Do dock lines go with the boat?
 
Quote:

Originally Posted by capttb (Post 1030053)
Not worth butting heads over, Harbor Freight, Walmart et al usually carry some 3/8 pretty cheap.


X10. Move on, and have fun with your new purchase. :)

Sabreman 05-14-2013 01:24 PM

Re: Do dock lines go with the boat?
 
I concur with overbored and capttb. Take the lines if they're not specifically listed in the contract.

jimgo 05-14-2013 01:27 PM

Re: Do dock lines go with the boat?
 
Is this a one-of-a-kind boat? If not, tell him that unless he performs under the contract, you'll be stopping payment on the check. There are too many other boats for sale out there.

jimgo 05-14-2013 01:29 PM

Re: Do dock lines go with the boat?
 
While I agree with Donna and the others, if you aren't in a position to go get new lines (e.g., need to be out of the slip NOW, and only just realizing that you don't have lines for when you're at your destination), you're kind of stuck.

Plus, even if you leave to buy lines, you never know what else the seller will take off the boat in your absence (unless, unlike me, you had the foresight to bring your own lock and key with you, or someone who will keep the boat company for you).

blr972 05-14-2013 01:31 PM

I think you're right. They are really nice dock lines though and it's a 35ft boat so the 3/8 might be alittle small. He's already removed stuff from the boat after I had bought it. It was just not anything I've cared about.... frustrating!

jameswilson29 05-14-2013 01:35 PM

Re: Do dock lines go with the boat?
 
Quote:

Originally Posted by blr972 (Post 1030045)
...I've purchased the boat with a contract stating there were some stuff the seller was going to take with him off the boat. I'm about to take the boat out of his slip to my marina but now he is claiming the dock lines stay. I assumed the dock lines go with the boat and the contract stated everything goes with the boat except for the listed items...the dock lines aren't listed. I've paid him, he's signed over the boat, I think I should be able to keep the lines.

Did I assume wrong? Do you consider dock lines be part of the slip or part of the boat? I need opinions before I start butting heads.

Thanks

Your situation illustrates the need to define exactly what you are buying, and how a list of excluded items isn't clear enough. On the contract I used for my own purchase in Va./Md., you can see "mooring lines" are included in subparagraph 1(f):

CONTRACT OF SALE
THIS CONTRACT OF SALE is made this ____ day of ______________, 20____, by and between __________________________________________________ (“the Seller”) and _________________________________________________ (“the Buyer”).
WITNESSETH: that for and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Seller and Buyer agree as follows:
1. Property. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller a ____ _____________________ sailboat, “______________”, hull identification number __________________________ along with all property attached to and enclosed in the vessel, including but not limited to the following ( all of which, the vessel and the property, to be referred to as “the Sailboat”):
a. All standing and running rigging, mast, boom, spreaders, stays, shrouds, traveler, mainsheet, jib sheets, ________ winches, ____ winch handles, cleats, traveler, and boom vang;
b. Main sail and ____________ jibs, sail bags and mainsail cover;
c. ____________________________________ engine and gas tank;
d. Electrical system, wiring and electronics, marine battery, VHF radio, depth finder, cabin lights, battery switch, running lights, and _______________________________;
d. Below decks/cabin furnishings, equipment, cushions for all berths, cooler, _________ toilet with _____________, foul weather jackets/gear, books, charts, and __________________;
e. Safety gear/equipment: electric and manual bilge pumps, lifelines, stanchions, bow pulpit, stern pulpit, life preservers, flotation cushions, bell, flares, horn and ________________________________;
f. Anchor, anchor chain, and rode, mooring lines, cleats, ____ fenders; and,
g. Other: __________________________________________________ _______.
2. Price. The total sales price for the Sailboat is _____________________________________
Dollars ($___________.00). Seller acknowledges receipt of an earnest money deposit check in the amount of __________________________ Dollars ($______) from Buyer, with the balance of the total sales price to be paid by Buyer to Seller at closing.
3. Seller’s Representations: Seller represents and warrants the following: that Seller has clear title to the Sailboat, free and clear of any liens, levies, charges, assessments, or attachments; that Seller is the sole owner, with full and complete authority to enter into this contract of sale and to transfer title to the vessel to Buyer by a certificate of title; that the Sailboat is in normal operating condition for a vessel of its age; and that Seller has no knowledge of any material defect(s) in the Sailboat, patent or latent, except as follows:__________________________________________ _ __________________________________________________ ___________.
4. Contingencies: The sale is subject to a satisfactory marine survey or professional inspection, and a satisfactory sea trial by Buyer, both to be completed at Buyer’s option and expense by ____________________. Seller shall make the Sailboat available for the survey and inspection and Seller shall cause the Sailboat to be placed in the water and ready prior to the sea trial at Seller’s expense. In the event that either the survey/inspection or sea trial are not satisfactory to Buyer in his sole discretion, then the earnest money deposit shall be forthwith refunded to Buyer.
5. Closing: This sale shall close on _____________________ at _____________________, at which time Buyer shall deliver to Seller a certified or cashier’s check for the balance of the Sales Price in return for Seller’s transfer of the title to Sailboat to Buyer, by endorsement and delivery of a certificate of title to Buyer and by Seller’s transfer to Buyer of any and all keys, locks, and operational devices. The Seller shall deliver and transfer the Sailboat to Buyer at closing, launched/re-launched in the water at _________________________________________. Risk of loss remains with Seller until delivery of title to Buyer.
6. Addresses: Seller and Buyer each warrant and represent to each other that his residential address and telephone number are as follows:
Seller:___________________________________________ _________________________
Buyer: __________________________________________________ __________________
7. Modification: This contract may only be modified by a writing signed by the parties.
WITNESS the following signatures and seals:
SELLER: BUYER:

__________________________(SEAL) ___________________________(SEAL)


__________________________(SEAL) ___________________________(SEAL)

You will also notice the standard Broker's Agreement that some sailors recommend, which was designed to further the purposes and interests of the Broker first and the Seller second and the Buyer not at all, has few words devoted to what exactly is being bought and sold.

I foresee a potential problem with a buyer who thinks he is buying the whole boat and everything with it, only to discover that the seller has stripped the boat of all valuable moveable property: engine, mast, sails, anchor, awnings, etc.

Not only that, but guess what: if you want to sue the seller, unfortunately you foolishly agreed to arbitration in paragraph 13. Guess who pays for that? Maybe the party seeking recourse under the contract?


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